Your Bank’s Website and the ADA
BY MARK MILLER
IN 1990, the Americans with Disabilities Act (ADA) was passed by Congress, making it the nation’s first comprehensive civil rights law addressing the needs of people with disabilities, and it prohibits discrimination in employment, public services, public accommodation, and telecommunications. However, on July 26, 1990, when President George H. W. Bush signed it into law, there was little
thought given to the Internet, websites or on-line banking. Places of public accommodation would
require ramps and automatic doors to be considered accessible. Who would have thought then that
convenient banking would evolve to include making a deposit from the phone in your pocket?
The ADA title III requires public companies to make their sites
accessible. The Department of Justice is finalizing the regulatory
process and many public and private sector organizations have
been sued for the inaccessibility of their websites under the ADA.
The Department of Justice’s public
position was clarified in the following
statement made during the Netflix case:
“The Department is currently de-
veloping regulations specifically ad-
dressing the accessibility of goods and
services offered via the web by entities
covered by the ADA. The fact that the
regulatory process is not yet complete, in no way indicates that
web services are not already covered by title III.”
In 2000, Bank of America agreed to improve its user ex-
perience for its customers who are blind. This was part of
a settlement that included a commitment to install talking
ATMs. The settlement opened the gates for web accessibility
claims, and banks such as Wells Fargo, Fleet Bank, Sovereign
Bank, and First Union, among others joined the list.
As the Department of Justice (DOJ) grows closer to completing the regulatory process, many businesses, including
those in the banking industry, have begun focusing on the
accessibility of their websites to preempt any possible litigation.
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